When considering buying or selling a property which has a swimming pool home-owners and purchasers need to be fully informed of the regulations prior to entering into a contract.
Firstly you need to ensure the pool is registered in the NSW Pool Register.
Currently, if selling a property with a swimming pool the contract of sale is required to contain a warning notice in the contract of sale stating that the pool complies with the requirements of the Swimming Pools Act 1992.
From 29 April 2016, properties sold with a swimming pool must have either a relevant Occupation Certificate, "Certificate of Compliance", or a "Certificate of Non-Compliance", issued from the NSW Swimming Pool Register.
Therefore:
- The vendor of a property (with a swimming pool) is able to transfer the requirement to make a pool barrier compliant, to the purchaser. The transfer will be realised through the attachment of a "Certificate of Non-Compliance" to the Contract of Sale. Sales of properties with compliant pools will continue to require a "Certificate of Compliance".
- The purchaser of a property (with a swimming pool) has 90 days from the date of ownership transfer to address any issues of non-compliance in relation to the swimming pool barrier or be subject to current penalties.
- Properties with more than two (2) dwellings are exempt from the requirement to provide a compliant pool barrier on sale or lease as they are already regulated by mandatory three (3) year inspection programs.
- Properties with two (2) dwellings or less are required to have a Certificate of Compliance before entering into a lease.
It is the landlord's responsibility to ensure that the requirements of the Swimming Pools Act have been complied with in respect of the swimming pool on the residential premises.
From 29 April 2016 every new tenancy application to the Residential Tenancy Tribunal must have a Compliance Certificate if the property has a swimming pool
If you live in a property with a pool you must ensure all doors and gates are kept securely closed. If pool fences require repair, it should be reported without delay to the owner/agent.